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Anonymous users2024-02-07Divorce is usually required through court proceedings.
Competent court: Principle: Article 12 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law stipulates that "in cases where one of the spouses has been absent from the place of domicile for more than one year and the other party sues for divorce, the people's court at the place of the plaintiff's domicile shall have jurisdiction."
In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction. ”
Recurrent circumstances: Article 23 of the Civil Procedure Law: "The following civil lawsuits shall be under the jurisdiction of the people's court at the place where the plaintiff is domiciled; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction
2) Proceedings concerning identity (including, of course, divorce) against persons whose whereabouts are unknown or who have been declared missing;
3) Litigation against persons under re-education through labor;
4) Proceedings against incarcerated persons. ”；
Article 8 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law stipulates: "Where both parties are imprisoned or sentenced to re-education through labor, the people's court at the defendant's original domicile shall have jurisdiction. Where the defendant is imprisoned or sentenced to re-education through labor for one year or more, the people's court for the place where the defendant is imprisoned or re-educated through labor has jurisdiction. ”
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Anonymous users2024-02-06Bring your hukou ID card, divorce agreement** and you're good to go.
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Anonymous users2024-02-05Go directly to the court to file a divorce petition.
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Anonymous users2024-02-04Why leave, not okay.
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Anonymous users2024-02-03If your husband is in prison and wants a divorce, you can file a divorce lawsuit with the court and dissolve the marriage by suing for divorce.
Legal basis
According to Article 23 of the Civil Procedure Law: "The following civil lawsuits shall be under the jurisdiction of the people's court at the place where the plaintiff is domiciled; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction
1) Litigation concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China;
2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing;
3) Litigation against persons under re-education through labor;
iv).Initiation of proceedings against incarcerated persons.
Data Extensions
Article 1079 of the Civil Code: [Divorce by Litigation] Where one of the spouses requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Divorce litigation refers to a lawsuit filed by one party to a marriage to the court to dissolve the marriage relationship with the other party. Article 25 of the Marriage Law of the People's Republic of China stipulates that: "When a man and a woman request a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court."
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. Where a marriage is dissolved by way of a judgment in accordance with litigation procedures, it is called a judgment divorce. The Chinese Marriage Law stipulates strict procedures and handling principles for one party to request a divorce.
If you don't say it today, you will say the same tomorrow, it's just a matter of time. For what to do now, it depends on what your choice is, whether you choose to divorce decisively, or you don't want to divorce, if you really don't have feelings, you don't need to consider too many factors, because even if you are reluctant, it will still come to a breakdown, if you don't want to divorce, then you should correctly solve your differences and problems.
1. On the conditions for divorce.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. >>>More
Others say persuasion and don't discourage, but I think if two people don't have a common language together, they should let go. And you say that you regret it, which proves that you don't want to continue living with him at all, which is a burden for you, but it is not very clear to your husband. Should you communicate with him first, if it is simply the reason why you should be separated, you should think carefully, and finally if the marriage really can't go on, you should also get together and disperse, so as not to leave a lifetime shadow for your children. >>>More
His request is not justified, please ask the court to decide, of course, you have to have favorable evidence in terms of child support.
Jinling Institute of Science and Technology is a second-class institution, and you must pass the college entrance examination to enter. >>>More